People v. Roberts

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 110524
Decision Date: 
January 14, 2013
District: 
2d Dist.
Division/County: 
McHenry Co.
Justice: 
SPENCE
Holding: 
Judgment modified; remanded.
A vacant house is not a “dwelling” within the meaning of the residential burglary statute, where the owners had placed the property for sale but had secured no purchaser and had moved out of the state with no plans to return to the house. As burglary is an included offense of residential burglary, Defendant's conviction is reduced from residential burglary to burglary. (ZENOFF and JORGENSEN, concurring.)